Montana Wrongful Death Attorney | Personal Injury Lawyer Bozeman

A wrongful death claim in Montana is a civil lawsuit as per the definition of MCA 27, 1, 513. Such a claim exists when a person’s demise is a result of the “wrongful act or neglect” of someone else. Simply put, if the deceased individual could have sued for personal injuries if they had lived, then the estate is allowed to file a wrongful death claim. Such claims include fatalities caused by negligence (e.g., auto accidents, medical malpractice) as well as genuine cases of criminal acts.

According to Montana law, the only party permitted to bring a lawsuit is the Personal Representative of the deceased’s estate. This person is commonly the one whom the victim, if living, has named in the will. In the absence of a will, a representative will be appointed by the court (usually a recognized spouse, parent, or adult child). The Personal Representative is the one who signs and submits the necessary documents, but it is really the heirs who inherit the right to the damages, most often the spouse and children.

Generally, you have three years from the date of the person’s death to file a claim (under MCA § 27-2-204). However, there are critical exceptions. If the death was the result of medical malpractice, it is likely to be two years. Conversely, if the claim is against a government entity (like a city vehicle or state agency), you may have a much shorter window to file an initial notice of claim. It is vital to consult an attorney immediately to avoid missing these strict deadlines.

Montana permits households to recover both economic and non-monetary damages. These usually include:

• Medical Expenses: Costs incurred for the victim’s care previous to loss of life.
• Funeral and Burial Costs: Reasonable fees for the carrier and burial.
• Loss of Financial Support: Wages and benefits the deceased could have earned over their lifetime.
• Loss of Consortium: Compensation for the lack of companionship, love, guidance, and care that the deceased furnished to own family members.
• Punitive Damages: In uncommon instances where the defendant acted with actual malice or fraud, the court docket may award additional damages to punish the offender.

 Technically, you do have the right to file pro se, but the court generally strongly discourages it in wrongful death cases. These types of claims normally require complex probate law knowledge (administration of the deceased person’s estate), have specific rules of evidence, and the defendant’s insurance company will usually try to be very aggressive with a professional team of lawyers. The attorney, who is an expert in the field, can take care of the procedural part of the case, figuring out the various types of damages, cooperating with the experts, establishing the fault, and handling the court procedure, thus the family can be left to mourn and at the same time obtain whatever is fair.

In Bozeman and Gallatin County, like across Montana, wrongful death claims frequently stem from:

• Motor Vehicle Accidents: Particularly on I-90 and Highway 191 (involving trucks or winter conditions).
• Workplace Accidents: Including construction site falls or heavy machinery malfunctions.
• Medical Malpractice: Surgical errors or failure to diagnose critical conditions.
• Defective Products: Equipment or vehicle parts that fail and cause fatal injuries.

General Accidents: If someone has done something wrong that resulted in a death.

The main difference is the plaintiff and the damages. In a standard personal injury case, the injured victim files the suit to pay for their own bills and pain. In a wrongful death case, the victim cannot speak for themselves, so the estate files the suit. Additionally, while personal injury damages focus on the victim’s pain, wrongful death damages focus heavily on the family’s loss, which includes all losses of the victim, including financial and emotional support.

The vast majority of wrongful death claims in Montana are resolved through settlements before they reach a jury trial. Insurance companies, however, are not always reasonable. As a result, Bidegaray Law Firm prepares cases as if they are going to trial. This preparation often pressures the defense into offering a fair settlement, but if they refuse, we will represent you in court.